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Bombay High Court

navinkumar mahendrakarversussonali navinkumar mahendrakar

Decided
Disposal
Disposed off as Withdrawn

Holding

The court allowed the withdrawal and disposed of the miscellaneous civil application as withdrawn.

Summary

Swapnil Navinkumar Mahendrakar filed a miscellaneous civil application against his wife Sonali Navinkumar Mahendrakar under the Protection of Women from Domestic Violence Act, 2005. The parties subsequently reached an amicable settlement of their dispute. The applicant, through counsel, sought leave from the court to withdraw the pending application. The respondent's counsel did not oppose the withdrawal. The High Court, noting the settlement, ordered the application to be disposed of as withdrawn.

Issues considered

  • What is the court's jurisdiction to permit withdrawal of a civil application filed under the Protection of Women from Domestic Violence Act, 2005 after an amicable settlement?

Legislation cited

Subjects

  • Domestic Violence
  • Amicable Settlement
  • Withdrawal of Application
  • Civil Procedure
  • High Court

Judgment

2026:BHC-AS:37977

                                                                3-MCA-448-2024.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                       MISC.CIVIL APPLICATION NO. 448 OF 2024
   Swapnil
               Navinkumar Mahendrakar.                         …Applicant
                    Vs.
               Sonali Navinkumar Mahendrakar.                  …Respondent


               Mr. Abhijit Sarwate (Thr. V.C.) for the applicant.
               Mr. V. A. Shastry (Thr. V.C.) for the respondent.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       16th SEPTEMBER 2026

               ORDER :


               1.    Learned counsel for the applicant, on instructions,

               submits that the parties have amicably settled the dispute

               and the application under the Protection of Women from

               Domestic Violence Act, 2005 is also disposed of.


               2.    In view of the amicable settlement between the parties,

               learned counsel for the applicant, on instructions, seeks

               leave to withdraw the miscellaneous civil application.


               3.    The miscellaneous civil application is disposed of as

               withdrawn.


                                                          [GAURI GODSE, J.]


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